multiple defendants

Question 1

joint and several liability

Answer 1

each D is responsible for Ps entire loss, duty to pay is joint but causation is several, independent, impossible to divide damages

Under joint and several liability, all defendants are liable for the entire amount of damages payable to the plaintiff, however much they contributed to the harm suffered by the plaintiff. They make seek contribution from one another if they have paid more than their proportionate share.

Question 2

several liability

Answer 2

Several liability arises when it is possible to identify which of multiple defendants caused what part of the harm suffered by the plaintiff - for example, where one defendant causes the plaintiff one kind of harm and another causes her a different kind of harm. In such a situation, where there is several liability, the tortfeasors are usually described as several tortfeasors.

Under several liability, no defendant’s liability can exceed his or her share of responsibility for the harm suffered by the plaintiff.

Question 3

all jointly and severally liable defendants are liable for …

Answer 3

…the entire amount of damages payable to the plaintiff, however much they contributed to the harm suffered by the plaintiff.